Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court to decide second appeal only on questions framed - Jurisdiction of High Court to decide second appeal is confined only to questions framed - When High Court did not frame any question on question of remand, to trial Court a fortiori it had no jurisdiction deal with such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where the findings of two Courts below were not perverse to the extent that no judicial person could ever come to such conclusion and these findings neither were in conflict with law nor against pleadings or evidence, such findings were not capable of being set aside by High Court in exercise of its second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Framing of substantial question of law is sine qua non for admitting second appeal - Unless question framed were debatable or/and arguable or/and involving any legal question High Court had no jurisdiction to formulate such questions treating them to be substantial question of law -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court has no jurisdiction to decide all the issues as if it was hearing first appeal and instead of answering the questions, set aside the judgment/decree of two Court below and proceeded to remand the cases to trial Court for de novo trial...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Power of appellate Court to remand the case to subordinate Court is contained in O.41.Rr.23, 23-A, 25 CPC - However, it is obligatory for appellant to bring its case under any of these provisions before claiming a remand - High Court had no jurisdiction to remand the case to trial Court, where no party to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Predecessor-i, interest of plaintiffs purchased half of suit property from predecessors-i, interest of defendants by way of registered sale deed and remaining suit land was obtained by way of exchange - Sale deed in question is proved on record - Plaintiff thus became the owner of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Sought on factual aspects of the matter and merits of the case - No `mistake or error' apparent on the fact of record - Review petition is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 18 -- Setting aside ex parte decree - Summons - Non-compliance with the provision of O.5.R.18 - Where official stamp of appellant-company is there on summons, service upon Manager of appellant-company is not required to be witnessed by any of the employees working there - No defect in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Can be set aside if summons were not duly served or if a party is prevented by sufficient cause from appearing in response to the summons...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Death of plaintiff during pendency of suit - One of the heirs already representing the deceased plaintiff - Defendant undertaking not to contest the issue regarding non maintainability of suit for want of impleadment of all the legal heirs of original plaintiff - No..........
